A Study On The Disciplinary Right Of The Bar Association In China

Since our country the first "lawyers law promulgated in 1996,the judicial administrative organs and the law will lawyers association" two combination "lawyer management system in the form of legal regulation,the law after many changes,the latest modification is 2017,but all previous changes in" two combination "lawyer management system is the continuation of the previous practice,never change.In the reform of current China's lawyer system,must adhere to the "two combination" under the premise of lawyer management system and expand,the all China lawyers association and judicial administrative organs of their respective functions and powers of fusion,integration,share the punishment power,construct the enforcement power exercised by the all China lawyers association and judicial administrative organs to exercise decided to separate the disciplinary punishment system.Enforcement power and the judicial administrative organs under the all China lawyers association decided to separate the disciplinary punishment system not only adhere to the "two combination" lawyer management system in our country,and to solve the judicial administrative organ and the lawyers' repeated disciplinary tre,lawyers rights relief channels blocked,avoid lawyers association disciplinary power abuse and violation of law rights and interests,but also promotes the autonomy of the all China lawyers association.Construct the discipline system is the key in scientific punishment power distribution under the system of "two combination" and builds up a set of complete disciplinary procedures,including disciplinary startup procedure,investigation procedure,decision procedure,relief program four phases,the four program is linked together,the progressive level of the process,according to responsible for himself within the scope of work,start the program by filing registration system;The investigation procedure shall be in the charge of the investigation committee of the bar association.The members of the investigation committee shall be recused if they meet the conditions for recusing themselves,so as to ensure the impartiality and fair of the investigation.The right of lawyers to apply for a hearing shall be guaranteed during the decision-making process of judicial administrative organs,and lawyers who are under punishment shall be allowed to hire agents to participate in activities according to their own will.If the lawyer is still not satisfied with the result of the administrative review decision,finally the dispute is resolved to the judicial process by the court to "once and for all".